—Judicial Solutions to the Conflict between Company Name and Trademark Right in China
Highlight: The free-riding on the well-known trademark is not rare in China for the startups’ eagerness of rapid development, some ones may even register such marks as their company names. Bridge IP Commentary will introduce you the key elements in the trademark right protection for trademark owner.
Recently, China’s Supreme Court released the Annual Ten IPR Cases in China, among which a case concerning the conflict between company name and well-known trademark heard in Xi’an Intermediate People’s Court of Shaanxi Province gets the attention of Bridge IP Commentary. In the case, a company established on 28th March, 2000 in Jinghua City of Zhejiang Province altered its name to Zhejiang Nikon Co., Ltd., which mainly sells bikes and scooters and applied for trademark registration. That discontented century-old Nikon Corporation (TYO:7731) and aroused the legal battle. Zhejiang Nikon was finally sentenced to abandon the registration, alter its infringing name and take the compensation liability.